Summary
Filing a motion to remove a GAL in Georgia can impact custody cases. If the GAL remains, their report can influence the judges decision. Bias or conflict of interest are valid grounds for removal, but strong evidence is needed. Timing is crucial; filing close to the final hearing may complicate matters. Always consult your lawyer for specific advice.Full Conversation
I have an outstanding motion to remove the GAL, how does it affect my custody case if the GAL remains on the case throughout the final hearing before the Courts address the motion to remove the GAL?
Hi **** Johnson. The impact can vary based on your jurisdiction. Can you tell me where you are located so I can provide more accurate information?
Ga
In Georgia:
- If the GAL remains, they continue to represent the child's interests.
- Their report can significantly impact the judge's decision.
- If they're removed, any input they've provided may be disregarded.
Could you clarify if there's a specific reason for the motion to remove the GAL? This can also affect the outcome.
Conflicts of interest, bias, and more are the reasons to remove the GAL. Waiting until the final hearing leaves no time for another GAL to make a recommendation. The case involves medical and safety concerns for child and the GAL has shown to be defensive and protective of the parent who has exhibited harm to the child, rather than protective of the child. The Judge has already been recused for similar reasons.
In Georgia:
- Bias or conflict of interest can be grounds to remove a GAL.
- You need to provide strong evidence of the GAL's misconduct.
- A new GAL may be appointed after removal.
Remember to consult your lawyer for specific advice.
I understand. I just wanted to know if it was too late to remove the GAL at the time of a final hearing
In Georgia:
- You can file a motion to remove the GAL at any time.
- However, the timing may impact the judge's decision.
- If it's close to the final hearing, it may be more difficult.
Always consult your lawyer for advice.
Ok thanks
You're welcome, ****. If you need more information or have any other questions in the future, don't hesitate to ask. Remember, it's always best to consult your lawyer for detailed advice.